Domestic abuse is a broad term and includes, but is not limited to, coercive control, psychological, mental, emotional, physical, sexual and financial abuse. Harrasing, stalking and pestering behaviours all fall within the scope of domestic abuse.

Anyone can experience domestic violence regardless of ethnicity, religion, class, age, sexuality, disability or social standing.

If you are trapped in an abusive situation, it can be hard to know where to turn.

It is important to be aware that help and assistance is available in keeping yourself and your children safe.

Our specialist family solicitors are here to help prevent further abuse and protect your home and children.

Non-Molestation Order

A non-molestation order is an injunctive order to prohibit a person from using or threatening violence, intimidating, harassing, pestering, or communicating with another person via any means including telephone, email, text message or in person. The order can also prohibit a person from coming within a certain distance of the others home address for a specified period, typically 12 months.

It is possible to apply for an emergency non-molestation order, without notice to the perpetrator, in cases where prior notice would increase the risk of violence if the perpetrator were to be notified in advance of the proceedings.

Who can apply for a Non-Molestation Order?

An “associated person” means any individuals in an intimate relationship or have been in an intimate relationship. You are an “associated person” if you fall into one of the following categories:

• You are married or you have been married to each other.
• There is an agreement to marry.
• You are civil partners.
• You are engaged or were engaged to marry.
• You live together or have lived in the same household (This does not include lodgers, tenants or employees).
• You have a child(ren) together.
• You are a family member.
• You are or have had an intimate relationship with the other person for a significant amount of time.
• You are parties to the same family proceedings court.

A breach of the terms of a non-molestation order is a criminal offence and may result in imprisonment.

Occupation Order

An occupation order excludes a person from the family home due to their conduct and behaviour towards another person in the home. The order will set out who can remain living in a property and/or define who can occupy certain parts of the home. Such orders are granted in extremely serious circumstances as the impact of the order is to exclude a person from their home which they are legally entitled to occupy.

An occupation order is made for a specific period or until a further order, depending on the circumstances of each case. The duration of an occupation order does not usually exceed 6 months. A court must be satisfied that there has been breaches of the existing occupation order before making a further order.

An occupation order is not a long-term solution to property disputes. It is important to seek independent legal advice regarding the division of jointly owned property following the permanent breakdown of a relationship.

To apply for an occupation order:

• The applicant must have a legal or contractual benefit in the property or a right to occupy.
• The property is or has been the home of both parties.
• The parties must be “associated persons” as detailed above.

Child Arrangement Order

You can also apply for a Child Arrangements Order to help protect your children.

A Child Arrangements Order is legally binding court order which specifically deals with:

• With whom the child shall live.
• How often the child should have contact with the other parent.
• How and where this contact will take place.

A breach of a Child Arrangement Order may result in imprisonment, unpaid work, a fine or assets ceased.

Practical steps

Escaping an abusive situation can be very difficult, especially if your abuser monitors your movements, restricts access to your finances, and threatens further harm to you or your children.

However, there are some steps you can take to prepare yourself for leaving and give you the best chance of protection from abuse in the future.

Keep a record of any incidents or behaviours of domestic abuse. This could include text messages, emails, or any other form of communication.

It could also include records of hospital admissions, where these have resulted from physical or mental abuse.

This evidence can be crucial if legal action becomes necessary.

Organisations such as Women’s Aid can also provide expert advice and guidance on how to escape an abusive situation safely.

Many victims of domestic abuse feel unable to seek help because they fear being burdened with heavy legal costs. This can be exacerbated if an abuser controls the victim’s access to money.

You may be able to claim legal aid if you are unable to pay legal fees. This can enable you to pursue necessary injunctions and protect yourself from further abuse.

Do not suffer in silence – we can help!

If you have experienced domestic abuse, we are here to help.

Our experienced family solicitors will identify the most appropriate course of action and be able to represent you if court proceedings become necessary.

If your case is extremely urgent, we will act quickly to provide you with the protection you need.

We have specialist family law solicitors on hand to assist with injunctive orders and child arrangement orders. Should you require legal advice and assistance please do not hesitate to contact us on 0121 716 3735 to arrange a mutually convenient appointment.